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PLANNING COMMISSION RESOLUTION NO. 991
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING TO CITY COUNCIL APPROVAL OF A
DEVELOPMENT AGREEMENT ALLOWING PLANNING
AND DEVELOPMENT OF A 58 LOT HILLSIDE
SUBDIVISION ON TT 19503 IN TWO PHASES UNDER
OPTION 4 OF THE HILLSIDE PLANNED RESIDENTIAL
DISTRICT SECTION 25.15.030 AND A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT.
CASE NO. DA-9
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 2nd day of October, 1984, hold a duly noticed public hearing to consider a request by
GEORGE FOX for approval of a development agreement to allow the planning and
development of TT 19503 in two phases under provisions of Option 4 of section 25.15.030
of the Hillside Planned Residential District and a Negative Declaration of Environmental
Impact.
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89," in that the planning commission has determined that the project
will not have a significant adverse impact on the environment and a negative declaration
of environmental impact has been prepared.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments of all interested persons desiring to be heard, said planning commission did find
the following facts and reasons to exist to recommend approval of the development
agreement:
1. The provisions of the agreement insure that the city's interest in preserving
the aesthetic quality of the hillside is protected.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Wow Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings
of the commission in this case;
2. That the Fox Development Agreement DA-9 Exhibit "A" is recommended to
city council for approval.
3. That a Negative Declaration of Environmental Impact is hereby
recommended for approval.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 2nd day of October, 1984, by the following vote, to wit:
AYES: DOWNS, ER WOOD, WOOD, AND CRITES
NOES: NONE
ABSENT: RICHARDS
ABSTAIN: NONE
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BUF O ' D CRITES, Chairman
PLANNING COMMISSION RESOLUTION 991
AGREEMENT
This is an Agreement made by and between G. George Fox (herein "Fox")
and the City of Palm Desert, California (herein "City") made this day of
, 1984, in view of the following recitals:
A. Fox is the owner of a 97-acre tract of real property described on
Exhibit "A" attached (herein "Real Property").
B. The Real Property is subject to the West Hills Specific Plan GPA 03-
82 and Hillside Planned Residential District Zoning Ordinance No. 322, both adopted by
the City Council of the City of Palm Desert on February 24, 1983.
C. On September 6, 1983, the Planning Commission of the City, pursuant
to Resolution No. 880, approved Tentative Map No. 19503 for the Real Property.
D. Fox filed with the City of , 1984, his application to
revise Tentative Tract Map 19503 to the configuration of Lots of the Tentative Tract Map
attached marked Exhibit "B" (herein "Revised Tentative Tract Map 19503").
E. Revised Tentative Tract Map 19503 contemplates the development of
the Real Property in two phases, Phase I consisting of 29 lots, and Phase II consisting of a
maximum of 29 units.
F. The members of the Planning Commission have indicated the
Commission will consider approving Tentative Tract Map 19503 subject to the provisions
of this Agreement.
NOW THEREFORE, for a valuable consideration, it is agreed by and
between Fox and the City as follows:
1. Revised Tentative Tract Map 19503 shall replace Tentative Tract
Map 19503 adopted by the Planning Commission on September 6, 1983.
2. All of the conditions to Tentative Tract Map 19503 adopted pursuant
to Resolution 880 adopted by the Planning Commission on September 6, 1983, and updated
in accordance to any applicable revisions to the Palm Desert Municipal Code, are
conditions to the approval by Planning Commission of Revised Tentative Tract Map 19503
except Condition No. 2 is revised to state the Applicant shall have 24 months within which
to file the Final Map or Maps unless an extension of time as permitted by Code is granted
by the Planning Commission.
3. Phase I consisting of 29 lots may be processed for a final tract map
independent of the processing of Phase II for the final map.
4. If the Applicant can demonstrate the ability to develope Phase II
consistent with the West Hills Specific Plan, GPA 03-82, and the Hillside Planned
Residential District Zoning Ordinance No. 322, up to a maximum of 29 residential units
may be developed in Phase II.
5. This Agreement shall not be effective unless it and Revised Tentative
Tract Map 19503 are concurrently approved by the Final Action by the Planning
Commission and/or City Council with conditions consistent with this Agreement.
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PLANNING COMMISSION RESOLUTION 991
Dated this
day of , 1984.
G. GEORGE FOX
CITY OF PALM DESERT
By
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PLANNING COMMISSION RESOLUTION 991
EXHIBIT "A"
In the City of Palm Desert, County of Riverside, State of California, described as follows:
PARCEL 1:
That portion of the Southwest quarter of Section 19, Township 5 South, Range 6 East, San
Bernardino Base and Meridian, lying Westerly of the Westerly line of that certain 150 foot
wide strip of land in favor of Coachella Valley County Water District, by Deed recorded
January 25, 1950 in Book 1142 page 134 of Official Records of Riverside County,
California;
EXCEPTING therefrom that portion thereof described as follows:
COMMENCING at the Southeast corner of said Southwest quarter;
THENCE South 89° 14' 36" West along the South line of said Southwest quarter, a distance
of 5.73 feet to the Westerly line of the Coachella Valley County Water District Storm
Water Channel Right -of -Way (being 150.00 feet wide) and the TRUE POINT OF
BEGINNING;
THENCE continuing South 89° 14' 36" West along said South line to the Southwest corner
of said Southwest quarter;
THENCE in a Northerly direction along the West line of said Southwest quarter, a
distance of 500.00 feet;
THENCE North 89° 14' 36" East and parallel to the South line of said Southwest quarter to
the Westerly line of said Coachella Valley County Water District Storm Water Channel
Right -of -Way (being 150.00 feet wide);
THENCE in a Southeasterly direction along said Westerly Right -of -Way to the Southline
of said Southwest quarter and the TRUE POINT OF BEGINNING.
PARCEL 2:
An easement for ingress and egress over a portion of the Northwest quarter of Section 19,
Township 5 South, Range 6 East, San Bernardino Base and Meridian, being 60.00 feet in
width;
PARALLEL with and concentric with the Coachella Valley County Water District Flood
Control Right -of -Way (150 feet wide), being bounded on the North by the South Right -of -
Way of Highway No. 111 (80 feet wide), as deeded to County of Riverside August 5, 1930
in Book 876 page 75 of Deeds, Records of Riverside County, California; and bounded on
the East by said Easterly Right -of -Way of Coachella Valley County Water District Right -
of -Way, and on the Southerly line of the Northwest quarter of said Section 19.
PARCEL 3:
An easement for ingress and egress over a portion of the Southwest quarter of Section 19,
Township 5 South, Range 6 East, San Bernardino Base and Meridian, described as follows:
The Easterly 30 feet of the following described property:
COMMENCING at the Southeast corner of said Southwest quarter;
THENCE South 890 14' 36" West along the South line of said Southwest quarter, a distance
of 5.73 feet to the Westerly line of the Coachella Valley County Water District Storm
Water Channel Right -of -Way (being 150.00 feet wide) and the TRUE POINT OF
BEGINNING;
THENCE continuing South 890 14' 36" West along said South line to the Southwest corner
of said Southwest quarter;
THENCE in a Northerly direction along the West line of said Southwest quarter, a
distance of 500.00 feet;
THENCE North 89° 14' 36" East and parallel to the South line of said Southwest quarter to
the Westerly line of said Coachella Valley County Water District Storm Water Channel
Right -of -Way (being 150.00 feet wide);
THENCE in a Southeasterly direction along said Westerly Right -of -Way to the Southline
of said Southwest quarter and the TRUE POINT OF BEGINNING.
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PLANNING COMMISSION RESOLUTION 991
PARCEL 4:
An easement for ingress, and egress over that portion of the Southeast quarter of Section
19, Township 5 South, Range 6 East, San Bernardino Base and Meridian, and over that
portion of the Northeast quarter of Section 30, Township 5 South, Range 6 East, San
Bernardino Base and Meridian, described as follows:
Being the South 30.00 feet (measured at right angles) of the Southeast quarter of said
Section 19, and being the North 30.00 feet (measured at right angles), of the Northeast
quarter of said Section 30, both being bounded on the East by the Westerly Right -of -Way
line of Willow Street (66 feet wide), as deeded to the County of Riverside, February 1965,
as Instrument No. 29434, and bounded on the West by the Easterly Right -of -Way line of
Coachella Valley Water District Flood Control Right -of -Way (150 feet wide).
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PLANNING COMMISSION RESOLUTION 991
EXHIBIT "B"
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